Terms and Conditions

Last updated: December, 2025

 

Health Yourself is in the business of providing online health, wellness, strength, fitness and nutrition coaching services to our clients. These standard Terms and Conditions apply to all clients utilizing our services.

  1. Coaching Services. 
    1. Health Yourself shall provide Coaching Services to Client (“Coaching Services“). Coaching Services may include, but are not limited to, access to workout and nutrition plans, live coaching sessions, educational content, and related support provided through the Health Yourself app (powered by Trainerize), the Health Yourself website, and other communication channels (collectively, the “App”). Subject to 5, Client acknowledges that Health Yourself makes no warranty regarding the results to be attained by using the Coaching Services.
    2. Client acknowledges that Health Yourself and its managers, members employees and contractors is not providing medical diagnosis, treatment, or prescriptions under this Agreement. Services are for educational and wellness purposes only and do not create a doctor-patient relationship. The Client understands that participation in coaching does not replace medical care or serve as a substitute for individualized medical advice. For any medical concerns or questions about the Client’s health, the Client is advised to consult his or her personal physician or other qualified healthcare provider.
    3. The Client represents and warrants that they are in good health and have disclosed any relevant medical conditions, medications, or limitations that may affect participation. The Client further understands and agrees that: (a) participation in health and wellness activities carries inherent risks; (b) Health Yourself makes no guarantees about outcomes; and (c) The Client voluntarily assumes all responsibility for any injuries, damages, or losses arising from participation. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CLIENT RELEASES, INDEMNIFIES, AND HOLDS HARMLESS HEALTH YOURSELF, ITS MEMBERS, COACHES, EMPLOYEES AND STAFF FROM ANY AND ALL CLAIMS, DAMAGES, OR LIABILITIES ARISING OUT OF OR RELATED TO THE CLIENT’S PARTICIPATION IN THE COACHING SERVICES, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE.
  2. Training Location and Equipment. Health Yourself shall provide all Coaching Services online through the App. Client is responsible for downloading and installing the App for Client’s use on their own mobile and other devices, and Client shall provide all equipment and other wellness, training, fitness and other resources required by the App to successfully implement the Coaching Services.
  3. Health Yourself’s Obligations. Health Yourself shall (a) appoint Health Yourself personnel, who shall be suitably skilled, experienced and qualified to perform the Coaching Services; and (b) obtain, and at all times during the Term of this Agreement maintain, all necessary licenses, certifications and consents and comply with all relevant laws applicable to the provision of the Coaching Services.
  4. Payment Terms; Money-Back Guarantee. 
    1. Payment. Client shall pay all amounts due and owing under this Agreement in full prior to start of the Coaching Services. All payments hereunder shall be in US dollars and made by credit card or other means of payment acceptable to Health Yourself in its sole discretion. 
    2. Limited Money-Back Guarantee. Client is entitled to a seven-day money-back guarantee, beginning on the date Client is granted access to the App. If the Client is dissatisfied for any reason with the Coaching Services within seven (7) days of being granted access to the App (the “Guarantee Period”), Client may request a refund of the total fees paid, less any non-refundable set-up and processing fees, by submitting a refund request, in writing, to Health Yourself within such seven (7) day period. After the end of the Guarantee Period, all fees paid are non-refundable, and the Client is responsible for full payment of all applicable fees, regardless of participation or completion. This  limited money back guarantee is not applicable to Power Hour services.
  5. Limited Warranty.
    1. Limited Warranty. Subject to 6, Health Yourself warrants to Client that it shall perform the Services in a professional and workmanlike manner in accordance with industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement. HEALTH YOURSELF MAKES NO WARRANTY AS TO RESULTS TO BE ATTAINED BY ATTENDING OUR CLASSES OR USING OUR TRAINING MATERIALS.
    2. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN SECTION 5.1, HEALTH YOURSELF MAKES NO WARRANTY WHATSOEVER REGARDING THE COACHING SERVICES, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; ; OR (c) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. CLIENT ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTY MADE BY HEALTH YOURSELF, OR ANY OTHER PERSON ON HEALTH YOURSELF’S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 6.1 OF THIS AGREEMENT.
  1. Limitation of Liability.
    1. TYPES OF DAMAGES. IN NO EVENT SHALL HEALTH YOURSELF BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT HEALTH YOURSELF WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
    2. AGGREGATE LIABILITY. IN NO EVENT SHALL HEALTH YOURSELF’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT (INCLUDING BREACH OF WARRANTY), TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO HEALTH YOURSELF FOR THE CORRESPONDING TRAINING SESSION OF COACHING SERVICES SOLD HEREUNDER.
  2. Term and Termination.
    1. Term. The term of this Agreement commences on date set forth on the attached Schedule A for the specific Coaching Services contemplated by the Agreement and continues unless and until earlier terminated as provided under this Agreement (the Term“).
    2. Termination. Either Party may immediately terminate this Agreement with or without cause by giving the other Party written notice of such party’s intent to terminate.
    3. Effect of Termination; Survival. Any notice of termination under this Agreement automatically operates as a cancellation of any Coaching Services that are scheduled to take place subsequent to the effective date of termination. Neither party shall be liable to the other Party for any damage of any kind (whether direct or indirect) incurred by the other Party by reason of the expiration or earlier termination of this Agreement. Termination of this Agreement will not constitute a waiver of any of either Party’s rights, remedies or defenses under this Agreement, at law, in equity, or otherwise. All fees paid for Coaching Services by Client are non-refundable after the expiration of the Guarantee Period set forth in Section 4.2.
  3. Confidentiality and Data Privacy. All personal and health information shared by the Client will be kept strictly confidential, except as required by law (e.g., risk of harm or court order). Health Yourself shall comply with applicable privacy laws. 
  4. Governing Law; Venue. This Agreement and all related are governed by, and construed in accordance with, the laws of the State of California without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of California. Venue for any action arising under this Agreement shall be any court of competent jurisdiction located in Palm Desert, California. Each party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
  5. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
  6. Integration. This Agreement and all related exhibits and schedules, constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the subject matter. 
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